Nebraska Labor Law Questions

[Owen G]

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[DAW]

http://www.dol.gov/esa/regs/compliance/whd/whdfs4.htm

[Owen G]

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[DAW]

Originally Posted by Owen G

As an employee of a nonprofit institution, then, FLSA doesn't apply to me? Or would it apply to my situation?

There is no FLSA exception related "non-profit" exception per se based soley because the employer is non-profit. The employer may or may not be FLSA applicable but non-profit per se is not a factor. The "no interstate commerce" provision is a hard one to get around, but it is possible that you are not FLSA applicable. It is possible that you are FLSA applicable.

[ScottB]

Originally Posted by Owen G

most of my research on the internet simply turns up companies selling labor law posters.

That made me laugh!

I know of no exemption for non-profits.

Overtime is based upon a work week. If you are paid bi-weekly, the company CANNOT take the 10 hours of overtime from one week, when you worked 50 hours, and put it with the second week when you worked 30 hours. I would love to do that, but it is not legal.

[DAW]

Originally Posted by ScottB

I know of no exemption for non-profits.

I know of exactly one, but it is not applicable to this situation. Let's say that Bob is an accountant and works for a non-profit. Bob can legally volunteer his services to say paint the building (something not legally possible at a for-profit), but cannot legally volunteer services related to his paid job at the employer. Other then that maybe some benefit stuff with retirement plans, non-profits are pretty the same as any other employer legally.

[Owen G]

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[DAW]

http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.105.htm

[Pattymd]

I would give the DOL a call and ask if your line of work would qualify for the 8-80 exception. My experience is that it only applies to employees actually working directly with patients. I might be wrong, but it might also be a question worth asking.


I've implemented payroll systems for hospitals and they never used this exception for support staff.

[Pattymd]

Would you let us know what they tell you?